Landlord Eviction in Austria: Tenant Rights

Many tenants in Austria wonder if and when a landlord may terminate the tenancy. This article clearly explains the main eviction reasons under the Mietrechtsgesetz (MRG), which deadlines apply and what rights you have as a tenant. You will learn about formal requirements, which documents and evidence are helpful, and when a judicial termination is possible. The guide also describes practical steps to respond to a termination, how to file complaints or seek support. The aim is to give you clear options as a tenant so you can meet deadlines and effectively protect your rights in Austria. Read the guidance carefully and document every step.

What is permitted and what does the MRG regulate?

The Mietrechtsgesetz (MRG) sets many rules that affect terminations, deadlines and formal requirements. Whether a termination is valid depends on the contract type, the landlord's reason and the prescribed deadlines^[1]. If in doubt, check the lease and seek legal guidance before responding.

When can the landlord terminate?

• Non-payment of rent: Repeated or substantial arrears can justify termination.
• Serious contract breaches: Disturbances, unauthorized subletting or repeated violations may be grounds.
• Owner move or planned personal use: Under certain conditions this can be valid.
• Major structural changes or changes of use: In some cases planned works can lead to termination.

Form and deadlines

Terminations usually must be in writing and include a clear reason; judicial terminations follow special procedural rules and deadlines that are handled at the district court^[2]. Many forms and procedures are available via JustizOnline when judicial steps are necessary^[3].

What you can do now

• Document immediately all relevant records: lease, payment receipts, correspondence and photos.
• Check deadlines carefully and note dates for objections or responses.
• Contact tenant advice or legal counsel for an initial assessment.
• If necessary, prepare documents for a court response and inform the district court.

FAQ

Can a landlord evict me immediately for a few days of arrears?

Usually single short arrears alone are not automatically sufficient, but repeated or substantial arrears can justify a lawful termination.

Does the termination need a reason?

Yes, the termination must be formally correct and include a reason; different requirements apply depending on the contract and situation.

Where can I turn if I receive a termination?

First seek tenant advice or legal counsel, and if necessary submit a timely response to the competent district court.

How-To

1. Read the termination carefully and note the date it was received.
2. Gather evidence: lease, payment receipts, photos and correspondence.
3. Contact tenant advice or a lawyer and clarify next steps.
4. Observe deadlines for objections or countermeasures and act promptly.
5. If necessary, file documents with the district court or use JustizOnline forms.

Help and Support

• RIS: Mietrechtsgesetz (MRG)
• Justiz.gv.at: Court procedure information
• JustizOnline: Forms and e-services

1. [1] RIS: Mietrechtsgesetz (MRG)
2. [2] Justiz.gv.at: Court procedure information
3. [3] JustizOnline: Forms and e-services